Grandfather's will overridden by grandmother in favor of her younger son.
Chandrakanth
(Querist) 16 November 2013
This query is : Resolved
My grandfather was a central govt employee and grandmother – housewife. He has three sons and two daughters, he expired five years ago and all they property he had (Plot and residential building with shops) was purchased on my grandmother’s name.
It was said that we wrote a will before his death and that was overridden by my grandmother in the favor of her younger son and the gold – jewelers were distributed among the daughters. Both elder brothers are not aware of this. The plot was given to her younger son (not transferred yet) but is mentioned in the will written by my grandmother. Now he is planning for construction and my father is least bothered about this.
Being a grandson – what legal action I can take, I don’t have any land documents or any copy of the will made by my grandfather and grandmother. My grandmother is still alive.
1.I want to stop the construction
2.I want equal partition of the property
3.I want to get the copy of the will wrote by my grandfather, is that possible?
4.Also I want to lock out the shops and floors, from which they get income\rents
Please suggest, what kind of legal actions can be taken?
malipeddi jaggarao
(Expert) 16 November 2013
Though your grand father purchased the property in the name of your grand mother, since documents are in her name, it is her self-acquired property. She can deal with the property in whichever way she wishes. Your grand father can not bequeath any will as the property is in his wife's name. Negation of proposed will by your grand mother is legal. You do not have any legal right to interfere.
Rajendra K Goyal
(Expert) 16 November 2013
Well advised by the expert, nothing more to add.
prabhakar singh
(Expert) 16 November 2013
Shree Malipeddi Jaggarao ji has advised very perfectly to which nothing needs to be added.
R.K Nanda
(Expert) 16 November 2013
nothing to add more.
Chandrakanth
(Querist) 17 November 2013
can u please explain self- acquired property... she is not a employee nor did earn anything... it was my grandfather who earned and purchased the property in her name... does my father has any right to claim his share....??? please advise.
adv. rajeev ( rajoo )
(Expert) 17 November 2013
You have o prove that grandmother had no independent income, properties were purchased by the grand father in the name of grand father then only you will get the share.
Chandrakanth
(Querist) 17 November 2013
Grand mother is not a employee nor has any source of income to purchase property by her own... it was my grandfather who earned but purchased in her name... what action can my father take... can my father file partition suite???
Chandrakanth
(Querist) 17 November 2013
Grand mother is not a employee nor has any source of income to purchase property by her own... it was my grandfather who earned but purchased in her name... what action can my father take... can my father file partition suite???
V R SHROFF
(Expert) 17 November 2013
nothing need to be added.
GM absolute owner.
Dr J C Vashista
(Expert) 21 November 2013
Very well advised by experts, I concur
